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South Dakota Public Utilities Commission Meeting
August 30, 2016, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota

NOTE: If you wish to join this meeting by conference call, please contact the Commission at 605-773-3201 by 5:00 p.m. CDT on Monday, August 29, 2016. Lines are limited and are given out on a first come, first served basis, subject to possible reassignment to accommodate persons who must appear in a proceeding. Ultimately, if you wish to participate in the Commission Meeting and a line is not available, you may have to appear in person. 

NOTE:  To listen to the Commission Meeting live please go to the PUC’s website www.puc.sd.gov and click on the LIVE link on the home page. The Commission requests persons who will only be listening to proceedings and not actively appearing in a case listen via the web cast to free phone lines for those who have to appear.  The Commission meetings are archived on the PUC’s website under the Commission Actions tab, Click on “Commission Meeting Archives,” to access the recordings.

NOTE: Notice is further given to persons with disabilities that this Commission meeting is being held in a physically accessible place. If you have special needs, please notify the Commission and we will make all necessary arrangements.

AGENDA OF COMMISSION MEETING

Administration

1.     Approval of the Minutes of the Commission Meeting Held on August 16, 2016 (Staff: Joy Lashley)

Consumer Reports

1.     Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)

Electric

1.     EL16-022     In the Matter of the Application by Prevailing Winds, LLC for a Wind Energy Facility Permit for the Prevailing Winds Wind Energy Facility (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Amanda Reiss, Kristen Edwards)

On June 28, 2016, Prevailing Winds, LLC filed with the Commission an Application for a Wind Energy Facility Permit to construct the Prevailing Winds Wind Energy Facility (Project), a 201-megawatt nameplate capacity wind energy facility located on the Dry Choteau Creek Choteau, an upland divide that rises 300 to 350 feet above the Choteau Creek Valley along its western boundary and then gradually descends for several miles to the east (Project Area), near Avon, South Dakota, in Bon Homme and Charles Mix Counties. The proposed Project includes up to 100 wind turbines, associated access roads, an underground electrical power collector system, a collector substation, an operations and maintenance facility, and associated transmission interconnection facilities. The Project would interconnect at a new Western Area Power Administration (Western)-owned switching station to be constructed within the Project Area adjacent to Western’s Fort Randall to Utica Junction 230-kilovolt double-circuit transmission line, or alternatively at Western’s existing Utica Junction 230-kV switching station, approximately 22 miles east of the Project Area. The Project would generate utility scale electric power for residential, commercial, and industrial consumers.    

     TODAY, shall the Commission grant intervention to any party that may have timely filed?

2.     EL16-025     In the Matter of the Request by Dow Rummel Village for a Variance from the Individual Metering Requirement in ARSD 20:10:26:03 for the Village North Apartment Complexes in Sioux Falls, South Dakota (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards)

On July 14, 2016, TSP Inc. (TSP) filed a request for a variance from the individual metering requirements set forth in ARSD 20:10:26:03(1) on behalf of Dow Rummel Village (Dow Rummel). Dow Rummel is considering a renovation to their Village North (R-2 Apartment) Complex, which includes the addition of a generator to provide backup electric generation to the Village North Complex. The Village North Complex consists of two apartment buildings that are located at 1110 North Lake Avenue and 1100 Lake Avenue in Sioux Falls, S.D. Currently, the Village North Complex is individually metered for electric service and master metered for natural gas service. Dow Rummel is requesting to master meter each building of the Village North Complex in order to reduce administrative burdens, reduce recurring monthly individual meter charges, and allow for the installation of a single generator to provide backup electric service to the two buildings. On August 17, 2016, TSP filed its responses to Staff’s Data Request.

     TODAY, shall the Commission grant Dow Rummel Village’s request for a variance from the individual metering requirements set forth in ARSD 20:10:26:03(1) and allow for the master metering of electric service at the Village North Complex?

3.     EL16-026     In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of Tariff Revisions to its Rates for Rate 95, Rate 96 and Rate 97 (Staff Analysts: Joseph Rezac, Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

On July 27, 2016, Montana-Dakota Utilities Co. (MDU) filed for approval of tariff revisions for Rate 95 (Occasional Power Purchase Non-Time Differentiated), Rate 96 (Short-Term Power Purchase), and Rate 97 (Long-Term Power Purchase). This filing updates the energy and capacity payments as well as metering charges based on current data. MDU states it currently has only one customer taking service under these rates and the annual change in revenue due to this filing will be minimal. A September 1, 2016, effective date is requested. On August 23, 2016, MDU filed its responses to Staff’s data request and revised tariff pages.  

     TODAY, shall the Commission approve Montana-Dakota Utilities Co.’s tariff revisions with an effective date of September 1, 2016?  

4.     EL16-027     In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Tariff Revisions to its Sample Forms (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

On July 28, 2016, NorthWestern Corporation dba NorthWestern Energy (NorthWestern) filed for approval of tariff revisions to its sample forms. The purpose of this filing is to improve communication with customers by updating form letters to improve readability and to further explain the budget billing process. NorthWestern requests an effective date of September 1, 2016. On August 19, 2016, NorthWestern filed its responses to Staff’s data request and revised tariff pages.  

     TODAY, shall the Commission approve NorthWestern Corporation dba NorthWestern Energy’s tariff revisions with an effective date of September 1, 2016?

5.     EL16-028     In the Matter of the Joint Request for Service Rights Exception between NorthWestern Corporation dba NorthWestern Energy and H-D Electric Cooperative, Inc. (Staff Analyst: Jon Thurber; Staff Attorney: Kristen Edwards)
 
On August 1, 2016, NorthWestern Corporation dba NorthWestern Energy (NorthWestern) filed a request for a service rights exception to allow H-D Electric Cooperative, Inc. (H-D Electric) to provide single phase electrical service not to exceed 50 kVA to a new house located in the assigned territory of NorthWestern. NorthWestern’s closest suitable line is located approximately 1 mile west of the point of service for the new house. H-D Electric’s closest suitable line is located approximately 200 feet east of the point of service of the new house. This service exception is only for single phase electrical service not to exceed 50 kVA to the new house.

     TODAY, shall the Commission approve the requested service rights exception between NorthWestern and H-D Electric?

Gas and Electric

1.     GE16-003     In the Matter of the Filing by MidAmerican Energy Company for Approval of Revised Welcome Brochure (Staff Analyst: Jon Thurber; Staff Attorney: Kristen Edwards)

On July 21, 2016, the Commission received a Filing from MidAmerican Energy Company (MidAmerican) for approval of its revised welcome brochure. Pursuant to ARSD 20:10:16:02, the customer information shall be submitted to the Commission for approval.

     TODAY, shall the Commission approve MidAmerican’s Revised Welcome Brochure with an effective date of September 1, 2016?

Natural Gas

1.     NG16-007     In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Tariff Revisions to its Sample Forms (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

On July 28, 2016, NorthWestern Corporation dba NorthWestern Energy (NorthWestern) filed for approval of tariff revisions to its sample forms. The purpose of this filing is to improve communication with customers by adding form letters to the natural gas tariff. NorthWestern requests an effective date of September 1, 2016. On August 19, 2016, NorthWestern filed its responses to Staff’s data request and revised tariff pages.  

     TODAY, shall the Commission approve NorthWestern Corporation dba NorthWestern Energy’s tariff revisions with an effective date of September 1, 2016?

Telecommunications

1.      In the Matter of Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC16-014, TC16-017, TC16-018, TC16-019, TC16-021, TC16-033, TC16-037, TC16-039 and TC16-043.

     TC16-014     In the Matter of the Request of Fort Randall Telephone Company and Mount Rushmore Telephone Study Area: 391660 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

On June 27, 2016, the Commission received an application from Fort Randall Telephone Company and Mount Rushmore Telephone requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On August 17, 2016, the Company responded to Staff’s data request.

     TC16-017     In the Matter of the Request of James Valley Cooperative Telephone Company Study Area: 391664 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)

On June 28, 2016, the Commission received an application from James Valley Cooperative Telephone Company requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On August 10, 2016, the Company responded to Staff’s data request.

     TC16-018     In the Matter of the Request of Northern Valley Communications, L.L.C. Study Area: 399017 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)

On June 28, 2016, the Commission received an application from Northern Valley Communications, L.L.C. requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On August 10, 2016, the Company responded to Staff’s data request.

     TC16-019     In the Matter of the Request of James Valley Wireless, LLC Study Area: 399014 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)

On June 28, 2016, the Commission received an application from James Valley Wireless LLC requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On August 10, 2016, the Company responded to Staff’s data request.

     TC16-021     In the Matter of the Request of Farmers Mutual Telephone Company Study Area: 361389 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)

On June 29, 2016, the Commission received an application from Farmers Mutual Telephone Company requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On August 11, 2016, the Company responded to Staff's data request.

     TC16-033     In the Matter of the Request of Cheyenne River Sioux Tribe Telephone Authority Study Area: 391647 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

On June 30, 2016, the Commission received an application from Cheyenne River Sioux Tribe Telephone Authority requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On August 5, 2016, the Company responded to Staff’s data request.

     TC16-037     In the Matter of the Request of TrioTel Communications Inc. Study Area: McCook–391669 and Tri-County Telecom–391682 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

On June 30, 2016, the Commission received an application from TrioTel Communications Inc. requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On August 12, 2016, the Company responded to Staff’s data request.

     TC16-039     In the Matter of the Request of Qwest Corporation dba CenturyLink QC Study Area: 395145 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

On July 1, 2016, the Commission received an application from Qwest Corporation dba CenturyLink QC requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On August 23, 2016, the Company responded to Staff’s data request.

     TC16-043     In the Matter of the Request of Beresford Municipal Telephone Company Study Area: 391649 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

On July 1, 2016, the Commission received an application from Beresford Municipal Telephone Company requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On August 9, 2015, the Company responded to Staff’s data request.

     TODAY, shall the Commission provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support in each of the above dockets?

2.     TC16-020     In the Matter of the Request of Citizens Telecommunications Company of Minnesota, LLC Study Area: 361123 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

On June 29, 2016, the Commission received an application from Citizens Telecommunications Company of Minnesota, LLC (Citizens) requesting the Commission grant a waiver of the Commission’s ETC filing requirements pursuant to ARSD 20:10:32:56, on grounds that the reporting requirements in support of ETC certification are unduly burdensome and unnecessary. Citizens also requests that the Commission issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to Company. On July 28, 2016, Citizens responded to Staff’s data requests.

     TODAY, shall the Commission grant the waiver and certify Citizens Telecommunications Company of Minnesota?

3.     TC16-050     In the Matter of the Application of eNetworks, LLC for a Certificate of Authority to Provide Local Exchange Services in South Dakota (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)

On July 22, 2016, the Commission received an Application for Certificate of Authority to provide Local Exchange Services (Application) from eNetworks, LLC. In the Application, eNetworks, LLC seeks a certificate of authority in order to allow eNetworks, LLC to provide local exchange service in South Dakota. A petition to intervene was timely filed by the South Dakota Telecommunications Association.

     TODAY, shall the Commission grant intervention to any party that may have timely filed?

Items for Commission Discussion

Announcements

  1. A public input hearing for Docket EL16-022 - In the Matter of the Application by Prevailing Winds, LLC for a Wind Energy Facility Permit for the Prevailing Winds Wind Energy Facility will be held Wednesday, August 24, 2016, at 6:30 p.m. CDT in the Avon School Gymnasium, 210 Pine Street, Avon, S.D.

  2. Commissioners and staff will meet with representatives of the Midcontinent Independent System Operator (MISO) on Tuesday, August 30, 2016, at 1:00 p.m. CDT in Room 413 of the State Capitol Building, Pierre, S.D. The agenda is to receive an update from the organization.

  3. Commissioners and staff will meet with consumers at the South Dakota State Fair, September 1-5, 2016, in Huron, S.D.

  4. The PUC office will be closed Monday, September 5, 2016, in observance of Labor Day.

  5. Commissioners will attend the East River Electric Power Cooperative annual meeting at 9:00 a.m. CDT, Wednesday, September 7, 2016, at the Best Western Ramkota Hotel, Sioux Falls, S.D.

  6. The next regularly scheduled commission meeting will be Tuesday, September 13, 2016, at 9:30 a.m. CDT in Room 413 at the State Capitol, Pierre, S.D.

  7. Commission meetings are scheduled for September 27 and October 11, 2016.

 

/s/Cindy Kemnitz   
Cindy Kemnitz
Finance Manager
PUC Email
August 24, 2016